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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/18/2004 - SECOND READING OF ORDINANCE NO. 079, 2004, AMENDIN ITEM NUMBER: 22 AGENDA ITEM SUMMARY DATE: May 18, 2004 FORT COLLINS CITY COUNCIL STAFF: Pete Wray SUBJECT Second Reading of Ordinance No.079,2004,Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as the Resource Recovery Farm Rezoning. RECOMMENDATION Staff recommends adoption of Ordinance on Second Reading. EXECUTIVE SUMMARY This Ordinance, which was unanimously adopted on First Reading on May 4, 2004, rezones the property known as the Resource Recovery Farm from the E, Employment District, to the POL, Public Open Lands District. ORDINANCE NO. 079, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING CLASSIFICATION FOR THAT CERTAIN PROPERTY KNOWN AS THE RESOURCE RECOVERY FARM REZONING WHEREAS, Division 1.3 of the Fort Collins Land Use Code (the "Land Use Code") establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code establishes procedures and criteria for reviewing the rezoning of land; and WHEREAS, in accordance with the foregoing, the Council has considered the rezoning of the property which is the subject of this ordinance, and has determined that the said property should be rezoned as hereafter provided; and WHEREAS,the Council has further determined that the proposed rezoning is consistent with the City's Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the subject property; and WHEREAS, to the extent applicable, the Council has also analyzed the proposed rezoning against the considerations as established in Section 2.9.4(H)(3) of the Land Use Code. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby amended by changing the zoning classification from "B", Employment Zone District, to "POL", Public Open Lands Zone District, for the following described property in the City known as the Resource Recovery Farm Rezoning: A tract of land located in Sections 21 and 22,Township 7 North,Range 68 West of the Sixth Principal Meridian,Larimer County,Colorado,being more particularly described as follows; Considering the south line of the Southeast quarter of Section 21 as bearing North 88 degrees 44 minutes 39 seconds West between a L.S. 20685 Aluminum Cap monument at the south quarter corner of the said Section 21 and a L.S. 17497 Aluminum Cap monument at the southeast corner of Section 21, based upon G.P.S. observation and with all bearing contained herein relative thereto; Commencing at the Southeast Corner of the said Section 21; THENCE along the south line of the said southeast quarter, North 88 degrees 44 minutes 39 seconds West for a distance of 300.61 feet to the TRUE POINT OF BEGINNING of this description; THENCE leaving the said south line,South 89 degrees 25 minutes 15 seconds East for a distance of 644.73 feet to the westerly right of way of I-25; THENCE along the said westerly right of way, the following seven (7) courses and distances, (1) North 12 degrees 38 minutes 14 seconds West for a distance of 968.84 feet; (2) North 25 degrees 25 minutes 54 seconds West for a distance of 425.50 feet; (3) along a curve to the right having a radius of 11680.00 feet a central angle of 03 degrees 00 minutes 01 seconds and an arc length of 611.62 feet, being subtended by a chord of North 09 degrees 52 minutes 54 seconds West for a distance of 611.55 feet; (4)North 06 degrees 05 minutes 36 seconds East for a distance of 417.50 feet;(5)along a curve to the right having a radius of 11583.00 feet a central angle of 06 degrees 33 minutes 06 seconds and an arc length of 1324.49 feet, being subtended by a chord of North 03 degrees 07 minutes 19 seconds West for a distance of 1323.77 feet; (6)North 00 degrees 11 minutes 08 seconds East for a distance of 53.90 feet; (7) North 06 degrees 05 minutes 24 seconds West for a distance of 345.66 feet to the north line of a Permanent Easement as recorded in Resolution 88-66 recorded June 13, 1988 at Reception No.88026808 records of the Clerk and Recorder of the said Latimer County; THENCE along the said north line and along the east line of the said easement recorded at Reception No.88026808 the following seven(7)courses and distances,(1)South 89 degrees 57 minutes 13 seconds West for a distance of 1059.64 feet; (2) North 36 degrees 10 minutes 43 seconds West for a distance of 117.93 feet; (3)North 17 degrees 41 minutes 20 seconds East for a distance of 404.31 feet; (4) along a curve to the left having a radius of 612.96 feet a central angle of 40 degrees 05 minutes 20 seconds and an arc length of 428.88 feet, being subtended by a chord of North 02 degrees 21 minutes 20 seconds West for a distance of 420.18 feet;(5)North 22 degrees 24 minutes 00 seconds West for a distance of 110.41 feet;(6) along a curve to the right having a radius of 532.96 feet a central angle of 14 degrees 20 minutes 52 seconds and an arc length of 133.46 feet, being subtended by a chord of North 15 degrees 13 minutes 34 seconds West for a distance of 133.11 feet; (7) non-tangent from the previous curve, North 44 degrees 22 minutes 29 seconds East for a distance of 136.14 feet to the existing south right of way of East Prospect Road;THENCE along the said south right of way,being a line which is 30.00 feet(measured at right angles) south of and parallel with the north line of the said northeast quarter of the said Section 21,North 88 degrees 21 minutes 25 seconds West for a distance of 394.38 feet to the east line of that certain tract of land described in a Special Warranty Deed recorded May 1, 1997 at Reception No. 97026804 records of the said Clerk and Recorder; THENCE along the said east line, South 32 degrees 18 minutes 02 seconds East for a distance of 560.68 feet to the south line of the said tract described at Reception No. 97026804; THENCE along the said south line, South 88 degrees 25 minutes 55 seconds West for a distance of 127.80 feet to the east line of the Mining and Reclamation Agreement Regarding Resource Recovery Farm Property as filed with the Clerk's Office of the said City of Fort Collins having an "effective date" of April 24, 2000; THENCE along the said east line of the Mining and Reclamation Agreement the following three(3)courses and distances, (1)South 01 degrees 12 minutes 28 seconds West for a distance of 3588.51 feet; (2) South 39 degrees 41 minutes 47 seconds East for a distance of 229.49 feet; (3) South 06 degrees 41 minutes 55 seconds East for a distance of 1197.10 feet to the north line of that certain tract of land described in a Bargain and Sale Deed recorded September 6, 1995 at Reception No.95055229 records of the said Clerk and Recorder; THENCE along the said north line, South 88 degrees 40 minutes 11 seconds East for a distance of 103.42 feet to the northerly line of that certain tract of land described in a Bargain and Sale Deed recorded September 6, 1995 at Reception No. 95055230 records of the said Clerk and Recorder; THENCE along the said northerly line, North 61 degrees 21 minutes 01 seconds East for a distance of 306.09 feet to the said south line of the southeast quarter of Section 21; THENCE along the said south line, South 88 degrees 44 minutes 39 seconds East for a distance of 564.61 feet to the point of beginning. Containing 137.051 Acres more less. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land Use Code be, and the same hereby is, changed and amended by showing that the above-described property is included in the Residential Neighborhood Sign District. Section 3. The City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced,considered favorably on first reading,and ordered published this 4th day of May, A.D. 2004, and to be presented for final passage on the 18th day of May, . 2004. Mayor ATTEST: %V'1. �� :�31 A City Clerk Passed and adopted on final reading this 18th day of May, A.D. 2004. Mayor ATTEST: City Clerk ITEM NUMBER: 15 AGENDA ITEM SUMMARY DATE: May 4, 2004 FORT COLLINS CITY COUNCIL STAFF: Pete Wray SUBJECT First Reading of Ordinance No. 079, 2004, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as the Resource Recovery Farm Rezoning. ar ..� .} RECOMMENDATION , Staff recommends adoption of Ordinance on First Reading. EXECUTIVE SUMMARY This is a request to rezone th rt n ou Recovery Farm from the E, Employment District, to the P Pu li Open a s tri a request is consistent with the recently adopted I-25 Subare Ian an ity St c e Ian BACKGROUND FINDINGS AND ANALYSIS Backeround: The surrounding zoning and Ian ar as followsc N: C evelo S: POL CI y-own ri space E: C & FA (Countg)�Commercial/ltail/Agr ture W: RC City-owned open space The property was annexed into the city as part of the 325 acre Sludge Farm Annexation in June of 1988. Natural Resources Department has purchased approximately 156 acres to be preserved as open space, of which 19 acres are currently zoned POL,Public Open Lands; this rezoning is for the remaining 137 acres of the property. Ouasi-Judicial Rezoning_ The property included within the rezoning request is less than 640 acres,and is therefore,considered a Quasi-Judicial Rezoning. In order for the Planning and Zoning Board to recommend approval of May 4, 2004 -2- Item No. 15 a rezoning to the City Council it must consistent with the City's Comprehensive Plan. The requested POL, Public Open Lands, zoning is consistent with the recently adopted I-25 Subarea Plan and the City Structure Plan. The Public Open Lands District is for large publicly owned parks and open lands which have a community-wide emphasis or other characteristics which warrant inclusion under this separate designation rather than inclusion in an adjoining neighborhood or other district designation. FINDINGS OF FACT/CONCLUSIONS Staff recommends that City Co ci r 'e th. eo P Public Open Lands,based on the following Findings of Fac nd Con lion: 1. The subject property Norl&Resou Farm ezoning is designated on the I-25 Subarea Plan and City Structure Plan as Public Open Lands to be preserved as public open space. 2. The proposed rezoning will promote the public welfare and will be consistent with the visions, goals, principles and policies of City Plan. PLANNING AND ZONING BOARD RECOMMENDATION gd i g Board, the Board voted 7-0 to recommend approval of the re ning asipart of s r e'nt Ag da. At the April 15, 2004, regular eeting ofthe ATTACHMENTS Attachment 1 - Existing Zoning Map Attachment 2 - Proposed Zoning Map Attachment 1 City of Fort Collins Existing Zoning for Resource Recovery Farm 1 96 ------------ 0 500 10 0 2 ee Legend City Zoning MU =--n wpimnwd ATTACHMENT City of Fort Collins Proposed Zoning for Resource Recovery Farm RC II I I I i °° RC 0 g.500 1 000 2,0 \\ ee Legend City Zoning �cem�dtl xonncalp_Ny�awbrw+r wcrmnwn Qµ,gb dm.....+m. -fon C n ,V Caw�tlym Jy OCW ObWOnYYMrNJI�HtlO�bloml WtlltlaW —}�W1Nosl llmr -�n�INC Mrb(yyP-�mMT -IhYun O�YY tl�NY/We�ool O Rwr Cal�rvtlbn YYYrfa4w� -fmunnlNCmmMrtltl Par>•flMr -e� -rWMVImYCvmyrtltl -RwrOwnben R�lwvbp��m OIMnn6'aMM&uMry -Cwxtitltl -MTioMGTAb NIGmEwE CmweYm&IY OIiIYwYY FaY�llr -IIMYG Cbmnngl -Mu1W OrYp'Lala]trnMlvefailnw Pml ®M1mr�Me N o�.�w.�amwm ®Ilbn EYW